In the name of God Amen, I Thomas Payne of Aquafort in the Island of Newfoundland, Planter, being sick and weak of bodily health but of sound mind and memory but considering the uncertainty of this transitory life do make this my last will and testament in manner and form following, viz, first I will and bequeath my soul into the hands of the Almighty God who gave it and next I bequeath my body to the earth to be entered in a Christian like manner and all my just and lawful debts to be paid, I also will and bequeath to my two beloved sons John Payne and John Payne Ferryman and also to Richard Fost all the landed property they now possess and in their occupancy themselves and heirs to have for their full use and benefit for ever with the proviso that the said parties above mentioned themselves or heirs shall never sell transfer or mortgage same out of the family. I also will and bequeath to my two youngest sons Thomas & Peter Payne all my fishing establishment at Aquafort my houses and lands under Government grant to me and also all my other moveable property say Boats cattle &c. &c. for them the said Peter and Thomas Payne to have after my decease, enjoy and possess equal alike, and should my beloved wife Catherine Payne survive after me I will and order my two sons the said Peter and Thomas Payne to maintain cloath and support her during the remainder of her life at their joint expense and in the same manner as heretofore during my lifetime and also the said Thomas and Peter Payne and heirs shall never sell transfer or mortgage said property now bequeathed them out of their family. I also nominate empower and apoint Mr. Thomas Radford and Mr. Dan. Jennings of Saint John's to be my executors to have this my last will and testament after my decease executed in witness whereof I Thomas Payne the said testator have hereunto my hand and seal subscribed and set at Saint John's Newfoundland this eleventh day of November A. Domini one thousand eight hundred and forty seven.
Thomas Payne (LS)Signed sealed and delivered in the presence of being first read over James Hackett, John Rendle.

Certified correct,D. M. Browning
Registrar

Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson & Ivy F. Benoit

Page Revised by Ivy F. Benoit (Wednesday February 20, 2013 AST)

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